Legal Opinion
Brodribb v. Tibbets
California Supreme Court
Decided July 1, 1881No. 7,162; No. 7,581PublishedCited by 5 opinions
Appeal from judgments for the plaintiff in the Superior Court of San Bernardino County. Rolfs, J. These are two actions upon the same mortgage, the former to foreclose for interest due January 16, 1880, and the latter for additional interest falling due May 16, 1880
1Opinion of the Court
The Court,
Department One:
The demurrer to' the complaint ought to have been sustained.
The mortgage sued upon contains the following stipulation:
“ As security for the payment to said mortgagee of the sum of twenty-one hundred dollars in the gold coin of the United States of America, on the sixteenth day of September, A. D. 1881, with interest thereon, at the rate of ten per cent per annum, according to the terms and conditions of a certain promissory note of even date of this mortgage, in the words and figures following, to wit:
“$2,100.
“San Beenaedino, Car, September 16th, 1879.
“ Two years…
2Cited by5 opinions
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